
David O. Klein
David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.
Most Recent

Does Your Business Need a Fantasy Sports Opinion Letter?
Although the proposed merger between FanDuel and DraftKings (the two largest daily fantasy sports service providers) was called off years ago, the fantasy sports industry has only

CIPA Law Victory for Website Data Collection Software Provider
The United States District Court for Northern District of California recently dismissed a complaint alleging violations of California’s CIPA Law in connection with common website

Sweepstakes Disclaimers: Don’t Put Your Promotion at Risk
This blog post was updated on May 30th, 2022 for comprehensiveness. Promotional contests and sweepstakes are particularly effective ways of creating brand awareness and attracting new customers.

Marketing Online? Be Mindful of Trademark and Copyright Law
Online marketing is a common tool that businesses use to bring attention to their respective goods and services. When initiating online marketing campaigns, businesses must

Creating a Viral (And Legally Compliant) “Pin to Win” Contest
We have frequently written about the marketing benefits associated with the use of promotional contests and sweepstakes. Promotional contests and sweepstakes often appear on social

How To Use Promotional Marketing The Legal Way
The use of promotional contests, games and sweepstakes marketing can be a dynamic and cost-effective way to increase sales, build a database of interested consumers

An Ad or not an Ad: NY Weighs in on TCPA Surveys
Another day, another court decision that refines constitutes a Telephone Consumer Protection Act (“TCPA”) unsolicited fax advertisement. A Manhattan-based federal court recently issued a decision

UK and US Social Media Influencer Laws
In September of 2020, the United Kingdom’s (“UK”) Committee of Advertising Practice (“CAP”) reviewed the Instagram accounts of 122 UK-based social media influencers to determine

FTC to Pay Consumers for Retailer’s Alleged Mail Order Rule Violations
On March 25, 2021, the Federal Trade Commission (“FTC”) announced that it will pay approximately $6.5 million to more than 500,000 consumers who were affected

Affiliate Marketing Attorneys: Why You Need One
Affiliate marketing networks (as well as internal affiliate marketing programs) present businesses with an effective means of leveraging a large pool of independent marketers (“publishers”

UPDATE: FTC Deceptive CBD Advertising Consent Orders Approved
Recently, we wrote concerning six cannabidiol (“CBD”) companies (the “Sellers”) that had settled enforcement actions with the Federal Trade Commission (“FTC”). On March 5, 2021,

Maryland First State to Adopt Digital Ad Tax
Maryland has become the first state in the country to pass legislation that will impose a tax on revenue from online ads. The bill, titled
